§ 54-23-103 — Right-of-way crossing -- application for permission.

(1) (1)(a) Any fiber optic carrier that intends to place a facility across or upon a railroad right-of-way shall submit a request for permission from the railroad prior to placing a facility.
(1)(b) A request under this Subsection (1) shall:
(1)(b)(i) be in the railroad form of a completed crossing application;
(1)(b)(ii) include an engineering design that:

(1)(b)(ii)(A) shows the location of the proposed crossing and the railroad's property, tracks, and wires that the telecommunications facility will cross; and
(1)(b)(ii)(B) conforms with guidelines published in the most recent edition of the National Electric Safety Code and American Railway Engineering and Maintenance-of-Way Association standards; and
(1)(b)(iii) include the standard crossing fee specified in Section 54-23-105.
(2) Unless the railroad provides written or electronic notice to the fiber optic carrier that the proposed crossing is a serious threat to the safe operations of the railroad or to the current or future use of the railroad right-of-way, would violate any federal law or regulation applicable to a public transit district, or would violate an agreement between a public transit district and the federal government, the railroad shall approve the application within 35 calendar days after the receipt of a completed application for a crossing.
(3) This section applies to:

(3)(a) any crossing in existence before May 14, 2019, if an agreement concerning the crossing has expired or has been terminated; and
(3)(b) any crossing commenced on or after May 14, 2019.
(4) If an applicant that intends to place a facility across or upon a railroad right-of-way at a crossing described in Subsection (3)(a) has paid a collective amount that equals or exceeds the standard crossing fee established under Section 54-23-105 to the railroad during the existence of the crossing, no additional fee may be required.

Legislative History

Enacted by Chapter 452, 2019 General Session